REGISTERED No. D. 221 रजिस्ट्री सं ० डी ० 221
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग - खण्ड 2
PART II - Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 45]
मई विल्ली, सोमवार , नवम्बर 20 , 1967 / कार्तिक 29 , 1889 ( शक ) No. 45 ] NEW DELHI, MONDAY , NOVEMBER 20 , 1967 / KARTIKA 29 , 1889 ( Saka)
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 20th November, 1967 :-
BILL NO . XX OF 1967
A Bill further to amend the Dock Workers ( Regulation of Employ-
ment) Act , 1948 .
BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follows : -
1. This Act may be called the Dock Workers ( Regulation of Short titl . Employment) Amendment Act , 1967 .
2. In section 3 of the Dock Workers ( Regulation of Employment ) Amendment 9 of 1948. Act , 1948 ( hereinafter referred to as the principal Act ) , in sub -section of section 3 .
(2) , after clause ( g ) , the following clause shall be inserted , namely: - " ( gg) for the welfare of the officers and other staff of the Board;" .
(1099 ) THE GAZETTE OF INDIA EXTRAORDINARY [PARTI 1100
Insertion of new section 7A.
3. After section 7 of the principal Act , the following section shall be inserted , namely : -
Offences by companies .
' 7A . (1 ) If the person committing an offence punish- able by a scheme or any abetment thereof is a company , every person who , at the time the offence or abetment was committed , was in charge of , and was responsible to , the company for the conduct of the business of the company , as well as the company , shall be deemed to be guilty of the offence or abetment and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub - section shall render any such person liable to any punishment , if he proves that the offence or abetment was committed without his know- ledge or that he exercised all due diligence to prevent the commission of such offence or abetment .
(2) Notwithstanding anything contained in sub - section ( 1 ) , where an offence punishable by a scheme or any abetment thereof has been committed by a company and it is proved that the offence or abetment has been committed with the consent or connivance of , or is attributable to any neglect on the part of, any director , manager , secretary or other officer of the company, such director , manager , secretary or other officer shall also be deemed to be guilty of that offence or abetment and shall be liable to be proceeded against and punished accordingly.
Explanation .- For the purposes of this section.-
(a) " company " means any body corporate and includes a firm and other association of individuals ; and
(b ) " director " , in relation to a firm , means a partner in the firm.' .
1
Suc. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
The Dock Workers ( Regulation of Employment ) Act , 1948 , provides mainly for reducing the hardship caused to dock workers on account of the casual nature of their employment . The Act empowers the Central Government , in relation to any major port, and the State Government , in relation to any other port , to make a scheme for the registration of dock workers and regulating the employment of dock workers , whether registered or not , in a port .
2. So far schemes have been framed for certain specified categories of stevedore labour in the ports of Calcutta , Bombay , Madras , Cochin , Vishakhapatnam and Mormugao providing for allotment of work by rotation, payment of guaranteed minimum wages , attendance allow- ance , etc.
3. The actual working of the Act and the schemes made thereunder has made it necessary to make certain amendments in the Act . Though a scheme made under section 3 of the Act may make provision for welfare measures with respect to dock workers , there is no provi- sion in the Act empowering the Central Government to make provi- sion for welfare measures with respect to the staff of the dock labour boards in such a scheme . In order to enable the Board to incur expenditure on welfare measures with respect to its staff , it is pro- posed to amend suitably sub - section ( 2) of section 3 of the Act .
4. At present when a company ( including a firm or other associa- tion of individuals) commits an offence under the Act . there is no provision making the Director , Manager , etc. , of the company liable for the offence . It is proposed to insert a new section in the Act on the lines of section 22C of the Minimum Wages Act , 1948. and similar provision contained in some other labour laws , for making the Direc- tors , Managers , etc. , of the companies liable for offences or abetment thereof punishable by schemes framed under the Act .
5. The Bill seeks to give effect to the amendments proposed above .
NEW DELHI;
J. L. HATHI .
The 9th October , 1967 .
B. N. BANERJEE ,
Secretary.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , 1967 .